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United States v. Routt, 3:19-CR-00298-BLW. (2019)

Court: District Court, D. Idaho Number: infdco20200115973 Visitors: 6
Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 18, 2019, Defendant Tonya Marie Routt appeared before the undersigned United States Magistrate Judge to enter a change of plea. The Defendant executed a waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the maximum penalties applicable, her Constitutional r
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REPORT AND RECOMMENDATION

On December 18, 2019, Defendant Tonya Marie Routt appeared before the undersigned United States Magistrate Judge to enter a change of plea. The Defendant executed a waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the maximum penalties applicable, her Constitutional rights, the impact that the Sentencing Guidelines will have, and that the District Judge will not be bound by any agreement of the parties as to the penalty to be imposed.

The Court, having conducted the change of plea hearing and having inquired of the Defendant, counsel, and the government, finds there is a factual basis for the Defendant's guilty plea, that she entered it voluntarily and with full knowledge of the consequences, and that the plea should be accepted. The undersigned also ordered a pre-sentence investigation to be conducted and a report prepared by the United States Probation Office.

Because the offense to which Defendant entered her guilty plea is an offense in a case described in subparagraph (C) of subsection (f)(1) of Section 3142 in Title 18 of the United States Code, subjecting Defendant to detention upon a finding of guilt under Section 3143(a)(2), the undersigned considered whether, under Section 3145(c), exceptional reasons were clearly shown as to why Defendant's detention pending imposition of sentencing would not be appropriate.

In this case, the Court finds exceptional reasons have been shown in the record to allow Defendant to remain on release.

Upon consideration of the totality of the circumstances presented in this case, the Court finds Defendant is exceptionally unlikely to flee or cause a danger to the community if release is continued and that exceptional reasons have been clearly shown that detention pending imposition of sentencing would not be appropriate. The Court, therefore, recommends that Defendant's release be continued.

RECOMMENDATION

NOW THEREFORE IT IS HEREBY RECOMMENDED:

1) The District Court accept Defendant Tonya Marie Routt's plea of guilty to Count One of the Indictment (Dkt. 1),

2) The District Court order forfeiture consistent with Defendant Tonya Marie Routt's admission to the Criminal Forfeiture allegation in the Indictment. (Dkt. 1.)

3) The District Court GRANT, at the appropriate time, the United States' motion to dismiss Counts Two and Three of the Indictment (Dkt. 1) as to Defendant.

4) The District Court continue Defendant's release pending sentencing, subject to the standard and additional conditions of release previously imposed.

Written objections to this Report and Recommendation must be filed within fourteen (14) days pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(b), or as a result of failing to do so, that party may waive the right to raise factual and/or legal objections to the United States Court of Appeals for the Ninth Circuit.

Source:  Leagle

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